Tenant Rights and Responsibilities When Renting in Georgia

In Georgia, tenants have several key rights including: the right to a habitable dwelling, the right to privacy (landlords must generally provide 24 hours notice before entering), protection against illegal discrimination, the right to have essential services maintained, the right to the return of security deposits (minus legitimate deductions), and the right to proper eviction procedures. Georgia follows landlord-friendly laws compared to many states, so it's important to get everything in writing in your lease agreement.

Georgia law does not set a maximum limit on security deposits. However, if your landlord collects a security deposit and owns more than 10 rental units or uses a management company, they must place your deposit in an escrow account at a state-chartered bank and inform you of its location. When moving out, landlords must return your deposit within one month after you terminate the lease, along with an itemized statement of any deductions.

Georgia does not have specific laws regulating application fees for rentals. Landlords can charge application fees to cover the costs of background checks, credit reports, and administrative processing. These fees are typically non-refundable, even if your application is denied. Before paying an application fee, ask the landlord what the fee covers and if any portion is refundable if you're not approved.

In Georgia, landlords should provide reasonable notice (typically 24 hours) before entering a rental property for non-emergency situations like inspections or repairs. However, Georgia law doesn't explicitly define the notice requirement. Your lease should specify entry terms. In emergencies, landlords may enter without notice. If your landlord repeatedly enters without proper notice, document these incidents and consider addressing the issue in writing.

As a tenant in Georgia, you're generally responsible for keeping the rental unit clean and sanitary, properly using fixtures and appliances, promptly reporting maintenance issues to the landlord, and repairing any damage caused by you, your family members, or guests beyond normal wear and tear. Your lease may outline additional specific maintenance responsibilities. Failing to fulfill these obligations could potentially lead to eviction or deductions from your security deposit.

In Georgia, if you have a fixed-term lease (like a one-year lease), you generally don't need to give notice before the lease ends unless your lease specifically requires it. For month-to-month tenancies, Georgia law requires tenants to provide at least 30 days' written notice before moving out. Always check your lease agreement, as it may require longer notice periods. Providing notice in writing and keeping proof of delivery is recommended.

In Georgia, landlords must follow specific legal procedures for eviction: (1) provide written notice (the time period varies based on the reason); (2) file a dispossessory affidavit with the court if you don't comply; (3) you'll be served with summons and have 7 days to respond; (4) if you don't respond or lose in court, the court will issue a writ of possession; (5) the sheriff can then remove you from the property. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in Georgia.

Georgia has no rent control laws, so landlords can increase rent by any amount when your lease term ends. For fixed-term leases, rent cannot be increased during the lease period unless the lease specifically allows it. For month-to-month tenancies, landlords must provide at least 60 days' notice before increasing rent. Always check your lease for specific terms regarding rent increases, as it may require longer notice periods.

If your Georgia landlord isn't making necessary repairs: (1) Document the issue with photos and written requests; (2) Send a formal written repair request via certified mail; (3) If the problem persists, you may have options like reporting code violations to local authorities or filing a lawsuit. Georgia doesn't explicitly allow 'repair and deduct' or rent withholding, so consult with a tenant rights organization or attorney before taking such actions. Never simply stop paying rent, as this could lead to eviction.